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2012 Supreme(Del) 3310

A.K.SIKRI, RAJIV SAHAI ENDLAW
Vishnu Security Services – Appellant
Versus
Regional Provident Fund Commissioner – Respondent


Advocates Appeared:
Mr. A.K. Singh, Advocate for Appellant.
Mr. Keshav Mohan, Advocates for Respondents.

A.K. Sikri, Acting Chief Justice

1. By one paragraph order, the learned Single Judge on 30th September, 2011, dismissed the writ petition filed by the appellant herein observing that this Court has no territorial jurisdiction to entertain the writ petition in view of five-Judges Bench judgment dated 1st August, 2011 rendered by this Court in WP(C) No. 6570/2010 : 2011 (122) DRJ 693[FB] entitled Sterling Agro Industries Ltd. v. Union of India. The learned Single Judge has opined that merely because Employees Provident Fund Appellate Tribunal (hereinafter referred to as the Appellate Tribunal) is located in Delhi, it had decided the appeal and that was the subject matter of challenge in the writ petition, would not be a ground to entertain the writ petition in the High Court of Delhi. This order is assailed in the present appeal preferred by the appellant.

2. The appellant is an establishment (since closed) which was the sole proprietorship concern of Mr. Neerav Khera. This establishment was providing security services and was having its office in Vadodara, Gujarat. It started its operation in the year 2002 and in October, 2002, the appellant applied for Provident Fund code number to t

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